Michigan Court of Appeals; Docket No. 115761; Unpublished
Judges Maher, Gribbs, and Murphy; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Disqualification for Uninsured Owners or Registrants of Involved Motor Vehicles or Motorcycles [§3113(b)]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals affirmed summary disposition in favor of Auto Owners and held that plaintiff, an uninsured motorcyclist, was not entitled to recover no-fault benefits because he did not have the required property damage and public liability insurance coverage mandated by §3101 or §3103.
Plaintiff challenged the constitutionality of §3113(b) which precludes recovery of no-fault benefits for the owner or registrant of a motor vehicle or motorcycle involved in the accident with respect to which the security required by §3101 or §3103 was not in effect. In this case, plaintiff did not have the property damage and public liability insurance coverages mandated by §3101 or §3103. Plaintiff argued that §3113(b) violates the due process and equal protection clauses of the Michigan and United States Constitution because insured and uninsured motorcyclists are treated differently under this section. Under the statute, motor vehicles are required to purchase personal protection insurance as well as property damage and public liability insurance in order to be eligible for PIP benefits. Motorcyclists are not required to purchase personal protection insurance under the no-fault scheme, but those motorcyclists who fail to purchase property damage and public liability insurance are excluded from PIP benefits.
The Court of Appeals held that §3113(b) reflects the Legislature's intent to preclude the owners and registrants for uninsured motor vehicles or uninsured motorcycles from recovering benefits under the Act. The distinction for recovery of benefits under the No-Fault Insurance Act as to uninsured owners and registrants is a valid classification designed to encourage compliance with the Act's insurance requirements.
